City of Plattsburg, MO
Clinton County
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Table of Contents
Table of Contents

Section 225.010 Definitions.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
INOPERABLE MOTOR VEHICLE
Any motor vehicle that requires licensing for highway operation that is not currently properly registered with the State; or, that will not pass a State safety inspection without repair; or, that has been unable to start the engine and propel itself when such condition has been in effect or more than seventy-two (72) hours.
MOTOR VEHICLE
Any machine propelled by other than human power designed to travel along the ground by means of wheels, treads, runners or slides including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, wagons, buggies or any part thereof.
PROPERTY
Any land owned by the City or located within the City limits, not including streets and highways.

Section 225.020 Nuisance Declared.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Any inoperable vehicle or trailer or any part thereof located on any street or highway that remains unmoved for seventy-two (72) hour is a public nuisance.

Section 225.030 Unlawful to Maintain Nuisance.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
It shall be unlawful for any person to create or maintain a nuisance prohibited by this Chapter or to abandon any vehicle on any street or highway or on any property without consent of the owner.

Section 225.040 Right of Entry for Inspection.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
The Chief of Police or his duly authorized representative may enter upon private property for inspection of for the purpose of removing any vehicle or inoperable vehicle in accordance with this Chapter. If any person refuses to allow entry onto his private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance with the warrant.

Section 225.050 Notice to Abate — Generally.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Whenever the Chief of Police or his duly authorized representative determines that any motor vehicle or inoperable motor vehicle is a nuisance prohibited by this Chapter, he shall cause written notice to be served upon the owner of the motor vehicle or inoperable motor vehicle, if such owner can be located, or the person in custody of such vehicle or inoperable motor vehicle by registered or certified mail or by personal service. The notice shall state that the vehicle or inoperable motor vehicle is deemed to be a nuisance within the provisions of this Chapter and shall briefly state the facts deemed to constitute such nuisance shall be abated within seven (7) days from receipt of such notice.

Section 225.060 Notice to Abate — Proceedings When Owner or Custodian Cannot Be Located.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1251 §II, 8-29-1989; Ord. No. 1445 §4, 3-14-2001]
When the owner or custodian of any nuisance prohibited by this Chapter cannot be located by reasonable search, the notice shall be attached to the property, briefly stating the facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within seven (7) days of the date the notice was posted or, if the vehicle is on public property, within two (2) days of the date notice was posted.

Section 225.070 Notice to Abate — Compliance.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Any person receiving the notice to abate the nuisance provided for in this Chapter shall comply with the provisions of the notice requiring abatement. Failure to comply with such notice is unlawful.

Section 225.080 Removal by Chief of Police — Redemption of Property — Disposition of Unredeemed Property — Disposition of Proceeds of Sale.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
If the nuisance prohibited by this Chapter is not removed within the time specified in the notice, the vehicle or inoperable motor vehicle shall be transported to a storage area by or at the direction of the Chief of Police or his duly authorized representative at the expense of the owner or person in custody thereof. The vehicle or inoperable motor vehicle shall be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the vehicle or junk by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle or inoperable motor vehicle is unredeemed after the expiration of the ninety (90) day period, the Chief of Police shall sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof.

Section 225.090 Notice of Sale of Unredeemed Property.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
A. 
Prior to the sale of any unredeemed vehicle or inoperable motor vehicle declared a nuisance under this Chapter, the Chief of Police shall cause to be published in a newspaper of general circulation within the City a notice of sale stating the following:
1. 
The City is selling abandoned property;
2. 
The color, make, year, motor number and serial number if available and any other information necessary for an accurate identification of the property;
3. 
The terms of the sale; and
4. 
The date, time and place of the sale.
B. 
This notice shall be published not less than ten (10) days nor more than thirty (30) days prior to the date of the sale.

Section 225.100 Applicability to Commercial Junk Yards or Motor Vehicle Wrecking or Repair Establishments.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001; Ord. No. 1576 §1, 2-12-2003]
The provisions of this Chapter are not applicable to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility or repair establishment so long as the business is licensed, if required; is operated in compliance with its business license; and the property is in compliance with applicable zoning ordinances.

Section 225.110 (Reserved) [1]

[1]
Editor's Note — Ord. no. 1445 §§1 — 4 adopted on March 14, 2001, repealed §225.110. Former §225.110 derived from ord. no. 1244 §V, 4-3-89. This section has been reserved for the city's future use.

Section 225.120 Motor Vehicle Parking and Storage.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1251 §III, 8-29-1989; Ord. No. 1445 §4, 3-14-2001]
No person shall park or store or allow another person to park or store motor vehicles upon residential property within the City limits, unless such vehicle is located in a building or garage or upon a driveway or other hard surface area composed of concrete, asphalt or crushed rock so that no grass, weeds or vegetation shall grow up, under or around such vehicle. Any driveway or hard surface area must conform to setback and other regulations of City zoning and subdivision ordinances.

Section 225.130 Inoperable Motor Vehicle Parking and Storage.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001; Ord. No. 1576 §2, 2-12-2003]
A. 
No person shall park or store or allow another person to park or store inoperable motor vehicles upon residential property within the City limits unless such parking and storage conforms to the following conditions:
1. 
No more than two (2) inoperable motor vehicles shall be parked or stored on any single residential property or on contiguous residential properties that are under the same ownership.
2. 
Inoperable vehicles shall be parked or stored in a building or garage or upon a driveway or other hard surface area composed of concrete, asphalt or crushed rock so that no grass, weeds or vegetation shall grow up, under or around such vehicle(s).
3. 
Inoperable vehicles shall be covered with a non-plastic cloth or composite material cover that has been specifically designed and sold as a vehicle cover. Such cover shall be securely fastened around the vehicle in such a manner that both front and rear bumpers are covered and no part of the vehicle is visible above the bottom of the door panels.
4. 
Inoperable vehicles shall be parked or stored so as to ensure that they do not leak fuel, oil, anti-freeze or other vehicle-related fluids.
5. 
All parts, supplies and tools used to repair, restore or rehabilitate an inoperable vehicle shall be stored so that they are not visible from a street or right-of-way.
6. 
Inoperable vehicles shall be locked or otherwise secured so as not to create a fire, safety or health hazard or to be an attraction to children.
7. 
Nothing in Subsections (1) through (3) of this Section shall apply to an inoperable motor vehicle which is completely enclosed within either a locked building or a locked fence area and not visible from adjacent public or private property.

Section 225.140 Temporary Exception to Hard Surface Parking Requirement.

[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Motor vehicles and inoperable motor vehicles may be temporarily parked or stored on residential property not on a hard surface for the limited purposes of awaiting licensing or awaiting insurance adjustment. Vehicles parked or stored under this provision for more than seventy-two (72) hours must comply with all conditions in Section 225.130 except condition (2). However, in no event shall a vehicle be stored or parked off a hard surface under this exception for a period of more than sixty (60) days.

Section 225.150 (Reserved) [1]

[1]
Editor's Note — Ord. no. 1445 §§1 — 4 adopted on March 14, 2001, repealed §225.150. Former §225.150 derived from ord. no. 1244 §V, 4-3-89. This section has been reserved for the city's future use.

Section 225.160 Failure to Abate Nuisance.

[Ord. No. 1445 §5, 3-14-2001]
A. 
An owner who fails to abate a nuisance within the time limits of a abatement order/notice issued by the City (such time limit shall not be less than seven (7) days) shall be guilty of an offense and may at the option of the City be charged in Municipal Court with the "failure to abate a nuisance".
B. 
Any person convicted of this offense shall be punished as provided in Section 100.070 of the City Code.
C. 
Each day on which any owner "fails to abate a nuisance" under this Section may (at the option of the City) be charged with a separate offense for which the owner may be arrested, tried, convicted and punished without necessity of further notices.